WHY MAKE A WILL ?

Cosgrove Gaynard Solicitors

Many put off making a will for a variety of reasons however if you die without one, your assets are distributed according to the law rather than your wishes.

Many put off making a will for a variety of reasons however if you die without one, your assets are distributed according to the law rather than your wishes. By making a will you decide how your assets are shared out, if you are not married or in a registered civil partnership, you can provide properly for your partner, a will allows you to engage in proper estate planning which can minimise the amount of inheritance tax (CAT) your beneficiaries pay.

As mentioned if you do not make a will, there are rules for deciding who inherits from your estate. The following rules apply :

Married (or registered civil partner) – no children : Spouse (or civil partner) takes allMarried – with children: Spouse two thirds and Children one thirdSingle – no children : Parents take all – equal shareSingle – no parents & no children : Brothers and sisters – equal shareSingle – no parents, children, brothers orsisters surviving: Nieces & Nephews, if no nieces and nephews itgoes to next of kin in the following order:grandparents, if none surviving to aunts and uncles,if none surviving to cousins.

As you can see, if you do not make a will your husband/ wife will not automatically inherit everything and instead the situation can be quite tricky. For instance if the only asset in the estate is the family home, and no will exists, the property is left to a spouse in two thirds and the children one third. A legal argument could follow whereby the children seek to force the sale of the property to encash their one third share.

In addition, a will allows you to provide for the following important items:

– Specific funeral arrangements

– Appointment of guardians for minor children

– Trusts. A trust can be utilised in a number of scenarios i.e. where you wish to engage in tax planning andminimise the amount of CAT payable by your beneficiaries, to provide for minor children, to provide assetprotection for future generations– Personal items and heirlooms can be passed on in your will

It is important to have your will drafted by a professional, in particular a member of the society of Trust & Estate Practitioners ( STEP) to obtain expert advice. Susan Cosgrove of Cosgrove Gaynard Solicitors is a member of STEP and is available to discuss your exact requirements.

(c) Cosgrove Gaynard Solicitors 2012. All rights reserved.

All news
Property Solicitor Ireland – Trusted Legal Expertise with Cosgrove Gaynard Solicitors

Are you buying or selling property in Ireland? Whether you're a first-time buyer, a seasoned investor, or navigating a complex property dispute, Cosgrove Gaynard Solicitors offers the trusted legal guidance you need. As a top-rated property solicitor in Ireland, we provide comprehensive and client-focused property law services tailored to your needs.

Text Link
Trusted Solicitor in Dublin – Expert Legal Services for Every Need

Looking for a reliable solicitor in Dublin? Whether you're facing a legal dispute, buying a property, or need professional advice, having an experienced Dublin-based solicitor on your side is essential. At Cosgrove Gaynard Solicitors, we offer comprehensive legal services tailored to individuals, families, and businesses across Ireland’s capital.

Text Link
Buying Property in Ireland in 2025: What You Need to Know - 10 Step guide to buying a property in Ireland

Purchasing property in Ireland remains a significant milestone, whether you're a first-time buyer, upgrading your home, or investing in real estate. As we progress through 2025, understanding the current landscape is crucial to navigating the process effectively.

Text Link
Commercial leases in Ireland - Key clauses

When entering into a commercial lease in Ireland, understanding the key clauses of the agreement is crucial for both landlords and tenants. These clauses define the rights, obligations, and liabilities of each party, and can have long-term implications for your business. This guide outlines the most important clauses found in Irish commercial leases, helping you to make informed decisions and avoid costly disputes.

Text Link
Making a Claim in Ireland for a Road Traffic Accident Abroad While on Holiday

Suffering a road traffic accident abroad can be a traumatic experience—made even more stressful by the legal complexities that follow. For Irish residents who have been injured in a road accident while on holiday outside Ireland, it is possible to bring a claim in Ireland without having to travel abroad or use lawyers abroad, in certain circumstances. The key issue is jurisdiction, which refers to whether Irish courts have the legal authority to hear your case. Under EU regulations and international private law, if the at-fault driver or their insurer has a presence in Ireland or is domiciled in an EU member state, you may be able to bring your claim in the Irish courts.

Text Link
Why You Need a Property Solicitor in Ireland: A Complete Guide for Buyers and Sellers

Buying or selling property in Ireland? Discover why hiring a property solicitor is essential for a smooth, legal, and stress-free transaction. Get expert tips today.

Text Link